HomeMy WebLinkAbout2009-06-17; Planning Commission; Resolution 65681 PLANNING COMMISSION RESOLUTION NO. 6568
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING A
RETROACTIVE TEN YEAR EXTENSION OF A
4 CONDITIONAL USE PERMIT TO ALLOW THE CONTINUED
^ OPERATION OF A WIRELESS COMMUNICATIONS
FACILITY FOR AN EXISTING MONO-PALM WITH SIX
6 PANEL ANTENNAS AND AN ASSOCIATED 250 SQUARE
FOOT EQUIPMENT SHELTER ON PROPERTY GENERALLY
7 LOCATED AT 4901 EL CAM-INO REAL IN THE R-A-10 AND
C-2-Q/C-2 ZONES AND IN LOCAL FACILITIES
8 MANAGEMENT ZONE 1.
9 CASE NAME: TAMARACK AT&T WIRELESS
CASE NO.: CUP 03-06X1
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WHEREAS, AT&T, "Developer," has filed a verified application with the City of
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Carlsbad regarding property owned by Jay and Maryon Hoffman, "Owner," described as
13 Parcel 1 of Parcel Map 3451, in the City of Carlsbad, County of
San Diego, State of California, filed January 31, 1975, in the
14 Office of the County Recorder of San Diego County, and that
portion of Parcels 2 and 3 of Parcel Map No. 3451 in the City of
15 Carlsbad, County of San Diego, State of California, as shown on
. fi * Parcel Map filed on page 3451 of Parcel Maps on January 31,
1975, under file No. 75-023997
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("the Property"); and
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WHEREAS, said verified application constitutes a request for a Conditional Use
2Q Permit Extension as shown on Exhibits "A" - "E" dated January 7, 2004, on file in the
21 Planning Department TAMARACK AT&T WIRELESS - CUP 03-06X1, as provided by the
22 conditions of approval of CUP 03-06 and Chapter 21.42 and/or 21.50 of the Carlsbad Municipal
Code; and
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WHEREAS, the Planning Commission did, on June 17,2009, hold a duly noticed
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public hearing as prescribed by law to consider said request; and
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7~ WHEREAS, at said public hearing, upon hearing and considering all testimony
28 and arguments, if any, of all persons desiring to toe heard, said Commission considered all factors
relating to the CUP Extension; and
WHEREAS, on January 7, 2004, the Planning Commission approved CUP 03-
2 06 as described and conditioned in Planning Commission Resolution No. 5515.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
, Commission of the City of Carlsbad as follows:
6 A) That the foregoing recitations are true and correct.
7 B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES TAMARACK AT&T WIRELESS - CUP 03-06x1
based on the following findings and subject to the following conditions:
9 Findings:
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1. The adopted findings for CUP 03-06 which are contained in Planning Commission
Resolution No. 5515 apply to this extension and are incorporated by this reference.
12 2. That the Planning Director has determined that the project belongs to a class of projects
j3 that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
14 preparation of environmental documents pursuant to Section 15301, Existing Facilities,
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
,,- apply to this project.
17 3. That the existing Wireless Communication Facility (WCF) remains consistent
with the location and design guidelines of City Council Policy No. 64, in that
although the facility's antennas are located in the R-A-10 (Residential
Agriculture - 10 Acre Minimum) zone, a "discouraged" location, the applicant
has demonstrated that no feasible alternative site currently exists within a
20 "preferred" location that can achieve the required WCF coverage objectives as
its current location. Furthermore, the existing 31 1A foot mono-palm is designed
21 as a "stealth" facility with room for a second carrier and the equipment shelter
has been integrated into the design of the existing commercial center.
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Conditions;
24 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
25 implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
27 issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
28 conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Conditional Use Permit
Extension.
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2. All conditions of approval imposed upon Conditional Use Permit CUP 03-06 as stated in
2 Planning Commission Resolution No. 5515 shall apply as conditions of approval for CUP
03-06x1 and are incorporated by this reference, except Conditions No. 6, 7, 10, 14, 15,
3 16, 17, 18, 19, 20, and 21 which have been satisfied, and Condition No. 12 which is
superseded by Condition No. 4 below.
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<- 3. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
5 a substantial negative effect on surrounding properties or the public health and welfare.
If the Planning Director determines that the use has such substantial negative effects, the
7 Planning Director shall recommend that the Planning Commission, after providing the
permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
9 4. This Conditional Use Permit is granted retroactively for a period of ten years from
10 January 7, 2009 through January 6, 2019. This permit may be revoked at any time
after a public hearing, if it is found that the use has a substantial detrimental effect on
11 surrounding land uses and the public's health and welfare, or the conditions imposed
herein have not been met. This permit may be extended for a reasonable period of time
not to exceed ten years upon written application of the permittee made no less than
j 3 90 days prior to the expiration date. The Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding land
14 uses or the public's health and welfare. If a substantial negative effect on surrounding
land uses or the public's health arid welfare is found, the extension shall be denied or
1 5 granted with conditions which will eliminate or substantially reduce such effects. There
., is no limit to the number of extensions the Planning Commission may grant.
17 5. All landscaping shall be maintained in a healthy and thriving condition, free from weeds,
trash, and debris.
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6. Developer shall submit to the City a Notice of Restriction executed by the owner of the
real property to be developed. Said notice is to be filed in the office of the County
2Q Recorder, subject to the satisfaction of the Planning Director, notifying all interested
parties and successors in interest that the City of Carlsbad has issued a Conditional Use
21 Permit Extension by Resolution No. 6568 on the property. Said Notice of Restriction
shall note the property description, location of the file containing complete project details
22 and all conditions of approval as well as any conditions or restrictions specified for
inclusion in the Notice of Restriction. The Planning Director has the authority to execute
and record an amendment to the notice which modifies or terminates said notice upon a
24 showing of good cause by the Developer or successor in interest. If a Notice of
Restriction is not recorded by September 17, 2009, this approval shall become null
25 and void.
2" Engineering:
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7. Developer shall comply with the City's Storm water Regulations, latest version, and shall
28 implement best management practices at all times. Best management practices include
but are not limited to pollution treatment practices or devices, erosion control to prevent
silt runoff during construction, general housekeeping practices, pollution prevention and
PC RESO NO. 6568 -3-
educational practices, maintenance procedures, and other management practices or
2 devices to prevent or reduce the discharge of pollutants to storm water, receiving water or
storm water conveyance system to the maximum extent practicable. Developer shall
3 notify prospective owners and tenants of the above requirements.
4 NOTICE
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Please take NOTICE that approval of your project includes the "imposition" of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
8 You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
9 66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
12 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
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1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
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Commission of the City of Carlsbad, California, held on June 17, 2009 by the following vote, to
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wit:
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, AYES: Commissioners Baker, Boddy, Dominguez, Douglas, L'Heureux,
and Chairperson Montgomery
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NOES:
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ABSENT:8
9 ABSTAIN:
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MARTELL B. MONTGOMERY,ftlTairperson
12 CARLSBAD PLANNING COMMISSION
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14 ATTEST:
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17 DON NEU
18 Planning Director
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